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The House That Skips Probate

Wis. Stat. 705.15 — a TOD beneficiary, submitted for recording before death, and 120 days to contest

In Wisconsin, real property owned by one person, a tenant in common's share, marital property, survivorship marital property, or property owned by joint tenants may pass without probate to a designated TOD beneficiary on the death of the sole owner or the last to die of the owners.

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What the document includesThe statute's answer
What the document includesThe owner or ownersThe statute's answerNamed
What the document includesThe TOD beneficiaryThe statute's answerNamed
What the document includesWhen it takes effectThe statute's answerOnly on the death of the owner or owners
What the document includesMarital propertyThe statute's answerSigned by both spouses who have an interest in it

Submitted for recording before death. The designation is not effective unless the document, and any recording fees, are submitted to the register of deeds of the county where the property is located before the death of the sole owner or the last to die of the owners.

Revoking it. A later designation, an instrument of revocation, or an inter vivos deed that expressly revokes it, acknowledged after the original and submitted for recording before the death. Property held by joint tenants or as survivorship marital property is revoked only by all the living owners. The capacity to designate or revoke is the capacity to make a will.

At death. Ownership passes, subject to any lien or encumbrance, to the beneficiaries who survive all owners and to a predeceased beneficiary's issue who would take; if none survive, it passes to the owner's estate. A claim to recover the property is barred unless a complaint and a lis pendens are filed within 120 days after the death.

Confirming a beneficiary's interest after the death is in other chapters and is not on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Wisconsin attorney.

Sources for this section (1)
  1. Wis. Stat. 705.15 — Nonprobate transfer of real property on death

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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